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lilburne |
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#1
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Chameleon ![]() ![]() ![]() ![]() ![]() Group: Contributors Posts: 890 Joined: Member No.: 21,803 ![]() |
Court orders hand over of identity of anonymous wikipedia editors.
http://lawkipedia.com/social-networking/id...-amendment.html libel not covered by 1st - apparently. |
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Kelly Martin |
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#2
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Bring back the guttersnipes! ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Group: Regulars Posts: 3,270 Joined: From: EN61bw Member No.: 6,696 ![]() |
Seems to me that defamation is an intentional tort, and as we all know, children as young as three have been held liable for intentional torts. Don't think that the "underagedness" of the defamer is an issue here, Master Seren. Perhaps you should edumacate yourself on the law before you open your furry little yap.
(Oh, wait, you think "education" is something you can get from Wikipoopia. Forget I said that.) |
Malleus |
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#3
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Fat Cat ![]() ![]() ![]() ![]() ![]() ![]() Group: Contributors Posts: 1,682 Joined: From: United Kingdom Member No.: 8,716 ![]() |
Seems to me that defamation is an intentional tort, and as we all know, children as young as three have been held liable for intentional torts. Don't think that the "underagedness" of the defamer is an issue here, Master Seren. Perhaps you should edumacate yourself on the law before you open your furry little yap. (Oh, wait, you think "education" is something you can get from Wikipoopia. Forget I said that.) Children as young as three? Really? Who in their right mind would attempt to sue a three-year-old child through the civil courts? This post has been edited by Malleus: |
NuclearWarfare |
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#4
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Senior Member ![]() ![]() ![]() ![]() Group: Contributors Posts: 382 Joined: Member No.: 9,506 ![]() |
Seems to me that defamation is an intentional tort, and as we all know, children as young as three have been held liable for intentional torts. Don't think that the "underagedness" of the defamer is an issue here, Master Seren. Perhaps you should edumacate yourself on the law before you open your furry little yap. (Oh, wait, you think "education" is something you can get from Wikipoopia. Forget I said that.) Children as young as three? Really? Who in their right mind would attempt to sue a three-year-old child through the civil courts? Some quick Googling got me this NYT article. That case is not about defamation but negligence. I don't really know/care about the difference between torts and civil suits, but I assume they are somewhat the same. However, what I found interesting was this statement in the article: "In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.†(Rachel and Jacob Kohn did not seek to dismiss the case against them.)" That's in the United States only of course, but interesting nonetheless. Why is the minimum age requirement so low? |
Newyorkbrad |
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#5
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Ãœber Member ![]() ![]() ![]() ![]() ![]() Group: Regulars Posts: 641 Joined: Member No.: 5,193 ![]() |
However, what I found interesting was this statement in the article: "In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.†(Rachel and Jacob Kohn did not seek to dismiss the case against them.)" That's in the United States only of course, but interesting nonetheless. Why is the minimum age requirement so low? Because it's been set by judges and juries on a case-by-case basis, and cases with sympathetic facts for the plaintiff, such as the one referenced in the New York Times article you cite, can give rise to eccentric decisions. If the age were being set by statute, I'm sure it would be higher. I believe the decision in that New York Times article is being appealed (unless the case has settled since then), so we may get a modern New York appellate decision on this issue in the next few months. The trial court judge is bound by the precedents, whatever they may happen to be; an appellate court has somewhat more discretion (although the next appeal would only be to the intermediate appellate court). |
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